Special Local Regulation; Potomac River, Between Jones Point, VA, and National Harbor, MD, 51351-51354 [2020-18405]
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Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Rules and Regulations
G. Executive Order 13132, ‘‘Federalism’’
E.O. 13132, ‘‘Federalism,’’ requires
that an impact analysis be performed to
determine whether the rule has
federalism implications that would have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. It has been
determined that this final rule does not
have federalism implications, as set
forth in E.O. 13132.
List of Subjects in 32 CFR Part 220
Claims, Health care, Health insurance,
and Military personnel.
Accordingly, 32 CFR part 220 is
amended as follows:
PART 220–COLLECTION FROM THIRD
PARTY PAYERS OF REASONABLE
CHARGES FOR HEALTHCARE
SERVICES
1. The authority citation for part 220
is revised to read as follows:
■
Authority: 5 U.S.C. 301; 10 U.S.C. 1095(f),
1097b(b) and 1079b.
2. Section 220.8 is amended by:
a. Revising paragraphs (b), (c)(1), (c)(5)
introductory text, and (c)(5)(i);
■ b. In paragraph (d), removing
‘‘inpatient hospital care’’ and adding in
its place ‘‘care’’; and
■ c. Revising paragraphs (f)(2), (f)(5) and
(f)(6) and adding paragraph (f)(8).
The revisions read as follows:
■
■
§ 220.8
Reasonable charges.
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(b) Inpatient institutional and
professional services on or after October
1, 2017. Reasonable charges for
inpatient institutional services provided
on or after October 1, 2017, are based on
either of two methods as determined by
the ASD(HA). The first uses the
CHAMPUS Diagnosis Related Group
(DRG) payment system rates under 32
CFR 199.14(a)(1). Certain adjustments
are made to reflect differences between
the CHAMPUS payment system and
MHS billing solutions. Among these are
to include in the inpatient hospital
service charges adjustments related to
direct medical education and capital
costs (which in the CHAMPUS system
are handled as annual pass through
payments). Additional adjustments are
made for long stay outlier cases. The
second method uses Itemized Resource
Utilization (IRU) rates based on the cost
to provide inpatient institutional
resources. Like the CHAMPUS system,
inpatient professional services are not
included in the inpatient institutional
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services charges calculated under either
methodology, but are billed separately
in accordance with paragraph (e) of this
section. In lieu of either method
described in this paragraph (b), the
method in effect prior to April 1, 2003
(described in paragraph (c) of this
section), may continue to be used for a
period of time after April 1, 2003, if the
ASD(HA) determines that effective
implementation requires a temporary
deferral.
(c) * * * (1) In general. Prior to April
1, 2003, the computation of reasonable
charges for inpatient institutional and
professional services is reasonable costs
based on diagnosis related groups
(DRGs). Costs shall be based on the
inpatient full reimbursement rate per
hospital discharge, weighted to reflect
the intensity of the principal diagnosis
involved. The average charge per case
shall be published annually as an
inpatient standardized amount. A
relative weight for each DRG shall be
the same as the DRG weights published
annually for hospital reimbursement
rates under CHAMPUS pursuant to 32
CFR 199.14(a)(1). The method in effect
prior to April 1, 2003 (as described in
this paragraph (c)), may continue to be
used for a period of time after April 1,
2003, if the ASD(HA) determines that
effective implementation requires a
temporary deferral of the method
described in paragraph (b) of this
section.
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(5) Identification of professional and
institutional charges. For purposes of
billing third party payers other than
automobile liability and no-fault
insurance carriers, inpatient billings are
subdivided into two categories:
(i) Institutional charges (which refer
to routine service charges associated
with the facility encounter or hospital
stay and ancillary charges).
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(f) * * *
(2) With respect to inpatient
institutional charges in the Burn Center
at Brooke Army Medical Center, the
ASD(HA) may establish an adjustment
to the rate otherwise applicable under
the payment methodologies under this
section to reflect unique attributes of the
Burn Center.
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(5) The charge for immunizations,
allergen extracts, allergic condition
tests, and the administration of certain
medications when these services are
provided by or through a facility of the
Uniformed Services or a separate
immunizations or shot clinic, are based
either on CHAMPUS prevailing rates or
on IRU rates based on the cost to
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51351
provide these items, exclusive of any
costs considered for purposes of any
outpatient visit. A separate charge shall
be made for each immunization,
injection or medication administered.
(6) The charges for pharmacy, durable
medical equipment and supply
resources are based either on
CHAMPUS prevailing rates or on IRU
rates based on the cost to provide these
items, exclusive of any costs considered
for purposes of any outpatient visit. A
separate charge shall be made for each
item provided.
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(8) Ambulatory (outpatient)
institutional services on or after October
1, 2017. Reasonable charges for
institutional facility charges for
ambulatory services provided on or after
October 1, 2017, are based on any of
three methods as determined by the
ASD(HA). The first uses the CHAMPUS
Ambulatory Payment Classification
(APC) and Ambulatory Surgery Center
(ASC) payment system rates under 32
CFR 199.14(a)(1)(ii) and (iii) and 32 CFR
199.14(d) respectively. The second uses
a bundled MHS Ambulatory Procedure
Visit (APV) payment system rate charge
reflected by the average cost of
providing an APV exclusive of
professional services. The third method
uses IRU rates based on the cost to
provide ambulatory institutional
resources. Like the CHAMPUS system,
ambulatory professional services are not
included in the ambulatory institutional
facility charges calculated under any of
the three methodologies, but are billed
separately in accordance with paragraph
(e) of this section.
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Dated: July 21, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–16131 Filed 8–19–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0245]
RIN 1625–AA08
Special Local Regulation; Potomac
River, Between Jones Point, VA, and
National Harbor, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Rules and Regulations
The Coast Guard is
establishing a temporary special local
regulation for certain waters of the
Potomac River. This action is necessary
to provide for the safety of life on these
navigable waters located at Washington,
DC, during a swim event on August 23,
2020. This rule will prohibit persons
and vessels from entering the regulated
area unless authorized by the Captain of
the Port Maryland-National Capital
Region or the Coast Guard Patrol
Commander.
DATES: This rule is effective from 6:30
a.m. to 11 a.m. on August 23, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0245 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital
Region; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because an
NPRM would be impracticable and
contrary to the public interest. On April
20, 2020, WaveOne Open Water of
Washington, DC, notified the Coast
Guard that it will be conducting
‘‘Washington’s Crossing: Swim Across
the Potomac’’ from 7:30 a.m. to 10 a.m.
on August 23, 2020. The swim event
consists of approximately 175
participating swimmers competing on a
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designated, marked course located in
National Harbor on the Potomac River,
downriver of the Wilson Bridge in
Washington, DC. We must establish this
safety zone by August 23, 2020, to
ensure the safety of particpants and
nearby waterway users. Hazards from
the swim competition include
participants swimming within and
adjacent to the designated navigation
channel and interfering with vessels
intending to operate within that
channel, as well as swimming within
approaches to local public and private
marinas and public boat facilities.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the ‘‘Washington’s
Crossing: Swim Across the Potomac’’
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector MarylandNational Capital Region (COTP) has
determined that potential hazards
associated with the swim event to be
held August 23, 2020, will be a safety
concern for anyone intending to
participate in the event and for vessels
that operate within and near the
specified waters of the Potomac River.
The purpose of this rule is to ensure the
safety of vessels and the navigable
waters in the regulated area before,
during and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 6:30 a.m. to 11 a.m. on
August 23, 2020. The special local
regulation will cover all navigable
waters of the Potomac River,
encompassed by a line connecting the
following points, beginning at Jones
Point Park, VA, shoreline at latitude
38°47′35″ N, longitude 077°02′22″ W,
thence east along the northern extent of
the Woodrow Wilson Memorial (I–495/
I–95) Bridge, at mile 103.8, to the
Rosilie Island shoreline at latitude
38°47′36″ N, longitude 077°01′32″ W,
thence south along the Maryland
shoreline to latitude 38°46′52″ N,
longitude 077°01′13″ W, at National
Harbor, MD shoreline, thence west
across the Potomac River to the George
Washington Memorial Parkway highway
overpass and Cameron Run shoreline at
latitude 38°47′23″ N, longitude
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077°03′03″ W, thence north along the
Virginia shoreline to the point of origin.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 7:30 a.m. to 10 a.m.
swim event. No vessel or person will be
permitted to enter the regulated area
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location and duration
of the regulated area, which would
impact a small designated area of the
Potomac River for less than 5 hours. The
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM Marine
Channel 16 about the status of the
regulated area. Moreover, the rule will
allow vessels and persons to seek
permission to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
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Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Rules and Regulations
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area for less than 5 hours.
It is categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
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51353
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T05–0245 to read as
follows:
■
§ 100.T05–0245 Washington’s Crossing:
Swim Across the Potomac, Potomac River,
National Harbor, MD.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters of the Potomac
River, encompassed by a line
connecting the following points,
beginning at Jones Point Park, VA,
shoreline at latitude 38°47′35″ N,
longitude 077°02′22″ W, thence east
along the northern extent of the
Woodrow Wilson Memorial (I–495/I–95)
Bridge, at mile 103.8, to the Rosilie
Island shoreline at latitude 38°47′36″ N,
longitude 077°01′32″ W, thence south
along the Maryland shoreline to latitude
38°46′52″ N, longitude 077°01′13″ W, at
National Harbor, MD shoreline, thence
west across the Potomac River to the
George Washington Memorial Parkway
highway overpass and Cameron Run
shoreline at latitude 38°47′23″ N,
longitude 077°03′03″ W, thence north
along the Virginia shoreline to the point
of origin. These coordinates are based
on datum NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
‘‘Washington’s Crossing: Swim Across
the Potomac’’ swim event, or otherwise
designated by the event sponsor as
having a function tied to the event.
(c) Regulations. (1) Except for
participants and vessels already at
berth, all non-participants are
prohibited from entering, transiting
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Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Rules and Regulations
5B. Syngenta Crop Protection, LLC
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
[EPA–HQ–OPP–2019–0659; FRL–10012–03]
This regulation is effective
August 20, 2020. Objections and
requests for hearings must be received
on or before October 19, 2020, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0659, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
Fludioxonil; Pesticide Tolerances
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
A. Does this action apply to me?
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). If permission is granted, the nonparticipant may enter the regulated area
or must pass directly through the
regulated area as instructed by
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake. Those in the regulated
area must comply with all lawful orders
or directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 6:30 a.m. through
11 a.m. on August 23, 2020.
Dated: August 17, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–18405 Filed 8–19–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
AGENCY:
This regulation establishes
tolerances for residues of fludioxonil in
or on Brassica, leafy greens, subgroup
4–16B, except watercress, at 15 parts per
million (ppm); vegetable, Brassica, head
and stem, group 5–16 at 2 ppm; kohlrabi
at 2 ppm; modifies the current
watercress tolerance from 7 ppm to 10
ppm; and removes existing tolerances
for Brassica, head and stem, subgroup
5A and Brassica, leafy greens, subgroup
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SUMMARY:
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DATES:
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0659 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 19, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0659, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
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E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Rules and Regulations]
[Pages 51351-51354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18405]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0245]
RIN 1625-AA08
Special Local Regulation; Potomac River, Between Jones Point, VA,
and National Harbor, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 51352]]
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Potomac River. This action is
necessary to provide for the safety of life on these navigable waters
located at Washington, DC, during a swim event on August 23, 2020. This
rule will prohibit persons and vessels from entering the regulated area
unless authorized by the Captain of the Port Maryland-National Capital
Region or the Coast Guard Patrol Commander.
DATES: This rule is effective from 6:30 a.m. to 11 a.m. on August 23,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0245 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone 410-576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an NPRM would be impracticable and
contrary to the public interest. On April 20, 2020, WaveOne Open Water
of Washington, DC, notified the Coast Guard that it will be conducting
``Washington's Crossing: Swim Across the Potomac'' from 7:30 a.m. to 10
a.m. on August 23, 2020. The swim event consists of approximately 175
participating swimmers competing on a designated, marked course located
in National Harbor on the Potomac River, downriver of the Wilson Bridge
in Washington, DC. We must establish this safety zone by August 23,
2020, to ensure the safety of particpants and nearby waterway users.
Hazards from the swim competition include participants swimming within
and adjacent to the designated navigation channel and interfering with
vessels intending to operate within that channel, as well as swimming
within approaches to local public and private marinas and public boat
facilities.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the ``Washington's Crossing: Swim Across the
Potomac'' event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Maryland-National Capital Region (COTP) has determined that potential
hazards associated with the swim event to be held August 23, 2020, will
be a safety concern for anyone intending to participate in the event
and for vessels that operate within and near the specified waters of
the Potomac River. The purpose of this rule is to ensure the safety of
vessels and the navigable waters in the regulated area before, during
and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 6:30 a.m. to
11 a.m. on August 23, 2020. The special local regulation will cover all
navigable waters of the Potomac River, encompassed by a line connecting
the following points, beginning at Jones Point Park, VA, shoreline at
latitude 38[deg]47'35'' N, longitude 077[deg]02'22'' W, thence east
along the northern extent of the Woodrow Wilson Memorial (I-495/I-95)
Bridge, at mile 103.8, to the Rosilie Island shoreline at latitude
38[deg]47'36'' N, longitude 077[deg]01'32'' W, thence south along the
Maryland shoreline to latitude 38[deg]46'52'' N, longitude
077[deg]01'13'' W, at National Harbor, MD shoreline, thence west across
the Potomac River to the George Washington Memorial Parkway highway
overpass and Cameron Run shoreline at latitude 38[deg]47'23'' N,
longitude 077[deg]03'03'' W, thence north along the Virginia shoreline
to the point of origin. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 7:30 a.m. to 10 a.m. swim event. No vessel or
person will be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location and
duration of the regulated area, which would impact a small designated
area of the Potomac River for less than 5 hours. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about
the status of the regulated area. Moreover, the rule will allow vessels
and persons to seek permission to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the
[[Page 51353]]
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for less than 5 hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0245 to read as follows:
Sec. 100.T05-0245 Washington's Crossing: Swim Across the Potomac,
Potomac River, National Harbor, MD.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Potomac River, encompassed
by a line connecting the following points, beginning at Jones Point
Park, VA, shoreline at latitude 38[deg]47'35'' N, longitude
077[deg]02'22'' W, thence east along the northern extent of the Woodrow
Wilson Memorial (I-495/I-95) Bridge, at mile 103.8, to the Rosilie
Island shoreline at latitude 38[deg]47'36'' N, longitude
077[deg]01'32'' W, thence south along the Maryland shoreline to
latitude 38[deg]46'52'' N, longitude 077[deg]01'13'' W, at National
Harbor, MD shoreline, thence west across the Potomac River to the
George Washington Memorial Parkway highway overpass and Cameron Run
shoreline at latitude 38[deg]47'23'' N, longitude 077[deg]03'03'' W,
thence north along the Virginia shoreline to the point of origin. These
coordinates are based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as participating in the ``Washington's Crossing: Swim Across
the Potomac'' swim event, or otherwise designated by the event sponsor
as having a function tied to the event.
(c) Regulations. (1) Except for participants and vessels already at
berth, all non-participants are prohibited from entering, transiting
[[Page 51354]]
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP
Maryland-National Capital Region or PATCOM.
(2) To seek permission to enter, contact the COTP Maryland-National
Capital Region at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). If permission is granted, the
non-participant may enter the regulated area or must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. Those in
the regulated area must comply with all lawful orders or directions
given to them by the COTP Maryland-National Capital Region or PATCOM.
(3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 6:30
a.m. through 11 a.m. on August 23, 2020.
Dated: August 17, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-18405 Filed 8-19-20; 8:45 am]
BILLING CODE 9110-04-P
